AG: Cops justified in Pelham man's shooting

By Grant Welker, gwelker@lowellsun.com

Updated:
12/07/2012 07:11:11 AM EST

Two Windham police officers and a Pelham officer who fired 26 times at a 21-year-old Pelham man after a high-speed chase in October were justified in using deadly force, the New Hampshire attorney general ruled Thursday.

The behavior of University of Massachusetts Lowell student Grant Hebert "created a situation where police officers reasonably believed that both they and the public were in danger of death or serious bodily injury" after Hebert allegedly turned his car toward an officer following the chase, Attorney General Michael A. Delaney said in a press release.

Hebert was taken to Parkland Medical Center in Derry, where he was treated for wounds to his lower calf and back, bullet fragments found under his scalp in the rear of his head, and swelling around one of his eyes.

Hebert was arrested on six felony charges: three counts of criminal mischief, two counts of reckless conduct, and first-degree assault. He was also charged with three misdemeanors: aggravated driving while intoxicated, driving while intoxicated, and disobeying a police officer.

The three officers shot at Hebert a total of six occasions following a chase in which Hebert at one point drove more than 90 mph on Lowell Road in Windham, according to the Attorney General's Office.

Pelham officers first pursued Hebert at 1:30 a.m. on Oct. 28 when he was said to be speeding on Tallant Road. The officer attempted to pull over Hebert, but Hebert allegedly sped up and at one point, Hebert threw a bottle or can out his window, which led the officer, Eugene Stahl, to believe Hebert may have been intoxicated, according to the attorney general's report.

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Hebert later drove through a fence on Lowell Road, and after coming to a stop, crashed into Stahl's cruiser, the report said. Moments later, he turned his car toward two Windham officers who had exited their vehicles, the AG alleges. Officer Shane Mirisola fired several rounds toward the car's windshield, but Hebert kept driving toward Mirisola, forcing him to dive out of the way, the AG states.

Another officer, Christopher Van Hirtum, believing the officers may be hit by the car, also fired several rounds "near simultaneously" as Mirisola, according to the report. Stahl and Van Hirtum both shot at the vehicle as they saw Hebert drive toward Mirisola, and Mirisola also fired at the car. Van Hirtum fired again as Hebert appeared to be driving back toward Lowell Road.

Hebert's vehicle then came to a stop, and he got out of the car and was arrested moments later.

Evidence showed that Mirisola fired 10 times, Van Hirtum nine times, and Stahl six times -- all in the course of about 20 seconds.

The Attorney General's Office ruled the officers were justified in using deadly force, citing New Hampshire laws on self-defense, defense of others and the use of physical force by law enforcement.

Windham police officials were not available for comment Thursday evening, and a Pelham lieutenant did not return a call seeking comment. Hebert could not be reached for comment. Multiple telephone calls to his listed residence went unanswered.

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